Racismo estrutural e o sistema carcerário brasileiro: uma análise sob a luz do estado de coisas inconstitucional colombiano

Abstract

Mass incarceration is a phenomenon that has plagued several countries, and Brazil stands out in this issue, considering that it is the third country in the world that incarcerates the most people. When taking a racial breakdown of the Brazilian prison population, according to InfoPen, it is noted that the majority are made up of young black men, which denounces the racism present in the prison system. Thus, the present work aims to analyze the Brazilian prison system based on structural racism. In order to reflect on how to face this problem, we chose to analyze the Latin American scenario with a focus on the Colombian case based on the unconstitutional state of affairs (ECI). Being a qualitative research, the hypothetical-deductive approach method was used. In principle, a reflection was made on the prison scenario, based on decolonial theoretical reflections. Subsequently, an in-depth examination was carried out regarding racial inequality in Brazil and in relation to the scenario of the Brazilian prison system, considering how structural racism affects this situation. And at the end, the Colombian prison scenario was presented, using the ECI and focusing on its relationship with Brazil, based on the Allegation of Noncompliance with Fundamental Precept (ADPF) 347. And in the conclusions, it is inferred that this scenario It is of great complexity, taking into account how coloniality affects it. Therefore, the ECI is an innovative way of facing this crisis, however, despite contributing to the advancement of the debate, it would not be able to resolve the problem as a whole, due to its deep nuances.